W v W (financial relief consequent) [2018] EWFC B99 (25 September 2018)

W v W (financial relief consequent) [2018] EWFC B99 (25 September 2018)

The assets should be divided 45% to the wife and 55% to the husband, reflecting the long marriage, equal contributions, the integration of inherited assets into the family economy, and the husband's retention of riskier business assets. The division accounts for the non-matrimonial elements and the need for a clean...

Source-derived case information.

Citation
[2018] EWFC B99
Parties
Applicant Wife: W; Respondent Husband: W
Jurisdiction
England and Wales
Judgment Date
25 September 2018
Procedural Posture
Application for Financial Relief on Divorce / Final Judgment After Contested Hearing
Outcome
Application granted in part; assets divided 45% to wife, 55% to husband, with staged payments and clean break.
Legal Topics
Financial Relief on Divorce, Asset Division, Matrimonial and Non Matrimonial Property, Business Valuation, Clean Break, Section 25 Matrimonial Causes Act 1973
Family Law Financial Relief on Divorce Asset Division Matrimonial and Non Matrimonial Property Business Valuation Clean Break Section 25 Matrimonial Causes Act 1973

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Parties

W

Applicant Wife

W

Respondent Husband

Procedural Posture

Application for Financial Relief on Divorce / Final Judgment After Contested Hearing

Legal Issues

  1. 1 How should the parties' assets be divided following divorce?
  2. 2 What is the appropriate treatment of inherited and non-matrimonial property?
  3. 3 How should the value of the husband's business be determined for asset division?

Ratio Decidendi

The assets should be divided 45% to the wife and 55% to the husband, reflecting the long marriage, equal contributions, the integration of inherited assets into the family economy, and the husband's retention of riskier business assets. The division accounts for the non-matrimonial elements and the need for a clean break, with the wife to receive her share in staged lump sums and an equal pension share.

Court Disposition

Application granted in part; assets divided 45% to wife, 55% to husband, with staged payments and clean break.

Orders

  • Husband to pay wife £2.3 million within three months, £1 million in 15 months, and a further £1 million (less £70,784) in 27 months.
  • All property in joint names to be transferred to husband, except house occupied by wife's mother to be transferred to wife.